HomeMy WebLinkAbout32348l-176 CMC Building
CenterMaiiCOurtlnvestors/OSS561 0
Agreement No. 14-731-1
1 AMENDME;NT I TO LEASE AGREEMENT AGT. #14-731
2 AMENDMENT I TO LEASE AGT. #14-731 (hereinafter •AMENDMENT I") is
3 made and entered Into this alto -K.:::.. day of 2016, between CENTER
4 MALL COURT INVESTORS, L TO., c/o Glumarra Pr rtles Corporation, P. 0. Bin
5 1969, Bakersfield, CA 93303 (hereinafter "LESSOR") and the COUNTY OF FRESNO,
6 a political subdivision of the State of California, 2220 Tulare St., Suite 21 00, Room
7 2101, Fresno, California 93721-2106 (hereinafter "LESSEE").
8 WHEREAS, LESSOR and LESSEE are Parties to that certain Lease AGT. #14-
9 731, dated December 16, 2014 {hereinafter "LEASE"), for the property at the location
1 0 commonly known as 2011 Fresno Street, Fresno, CA 93721 : ( 1) the entirety of floors
11 2, 3, and 4, suites 101, 102 and 104 located on floor 1, a total of approximately 40,144
12 square feet for use as office space (hereinafter 11 0ffice Space"), (2) basement storage
13 space, a total of approximately 5,842 square feet (hereinafter "Basement Storage
14 Space"), and (3) twenty three (23) surface parking stalls adjacent to the east side of
15 · the building (hereinafter "23 Parking Stalls") (all 3 Items collectively, the aPremlses");
16 and
17 WHEREAS, LESSEE uses the Premises as office and storage space; and
18 WHEREAS, LESSOR and LESSEE (hereinafter the "Parties") desire to extend
19 the lease term, Increase the rent and for LESSOR to construct Improvements to the
20 Premises, as provided herein.
21 NOW, THEREFORE, for good and valuable consideration, the receipt and
22 adequacy of which Is hereby acknowledged, the Parties agree as follows:
23 1. Section 2, "TERM," of this LEASE, located on page 1, lines 15 through 20, Is
24 deleted in its entirety and replaced with the following:
25 "2. TERM -The term of this LEASE shall be for the period beginning November
26 1, 2014 and ending January 31, 2021."
27 2. Section 3, "RENT/' of this LEASE, located on page 1, lines 21 through 28, and
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COUNTY OF fRii8NO
FrUIIO, C.llflltll!&
located on page 2, lines 1 through 3, Is deleted In Its entirety and replaced with
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COUNTY OF FRI!.SNO
Fr.a110, C.IKomla
L~176 CMC Building
CenterMaHCourtlnvestors/DSS561 0
the following:
"3. RENT -LESSEE agrees to pay LESSOR rent on or about the first day of
each month for both the Office Space (Including 23 Parking Stalls for which no
Rent Is charged), and for Basement Storage Space, the " Total Base Rent",
according to the following schedule:
Office Space -Base Rent:
November 1. 2014 to October 31. 2015; Office Space = 40,144 sq/ft.,
$48,172.80 per month ($1.20 ~flft.).
November 1. 2015 to January 31. 2016; Office Space = 40,144 sq/ft.
$48,975.68 per month ($1.22 sf/ft.).
February 1. 2016 to Januarv 31. 2017; Office Space = 40,144 sq/ft. $49,176.40
per month ($1.225 sf/ft.).
February 1, 2017 to January 31, 2019; Office Space= 40,144 sq/ft. $50,380.72
per month ($1.255 sf/ft.).
February 1. 2019 to January 31. 2021 ; Office Space-40,144 sq/ft. $51 ,1 83.60
per month ($1.275 sf/ft.).
Basement Storage Space Rent:
November 1. 2014 to January 31. 2021, 5,842 sqlft., $993.14 per month ($0.17
sq/ft.).
23 Parking Stalls: No rent charged for the period November 1, 2014 to
January 31, 2021 ."
3. The following language set forth In Section 8. "LESSOR IMPROVEMENTS TO
THE PREMISES" on page 3, line 21: "As provided in Section 3 hereinabove" Is
hereby deleted.
4. The last sentence of Section 16, NON~FUNDING~TERMINATION, of this Lease,
located at page 1 0, lines 3 through 4, Is deleted in its entirety and Is replaced
with the following : "Such notice to terminate shall be delivered to LESSOR by
Certified Mail."
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COUh'TY OF FREINO
FNtiiO, Cellfomla
L·176 CMC Building
CantarMa11Courtlnvastors/DSS561 0
5. Section 27, "HOLDOVER," of this LEASE, located on page 13, lines 6 through
11 , Is deleted In Its entirety.
6. New Section 29, "ADDITIONAL TENANT IMPROVEMENTS/PAYMENT
TERMS," Is added to this LEASE:
"Section 29. ADDITIONAL TEN AN T IMPROVEMENTS/PAYMENT TERMS -
Upon the parties' execution of AMENDMENT I to this LEASE, LESSOR sha ll
make tenant improvements , at the cost of $484,786.90 (hereinafter "Additional
Tenant Improvements") as described In the drawings in Exh ibit "c• and In the
Additional Tenant Improvement-Project Cost Summary in Exhibit ftD," all of
which are attached hereto and Incorporated herein by reference. The Parties
agree that such Additional Tenant Improvements will be completed within six (6)
months of the execution of AMENDMEN T I to this L EASE by LESSEE's Board
of Supervisors.
Prior to commencement of such Additional Tenant Improvements,
drawings, plans and specifications for completion of same shall be appro ved In
writing by both LESSOR and LESSEE, or their respective authorized
representatives. LESSEE's Director of Social Services LESSOR or his or her
designee is LESSEE 's authorized representative for purposes of this Section 29.
LESSOR shall not commence the Additional Tenant Improvements prior to
receipt of such written approval from LESSEE's authorized representative,
which approval shall not be unreasonably withheld or delayed. Any mod ifications
to Exhibit "c· or to the final Add itional Tenant Improvement drawings, plans and
specifi ca tions shall be approved In writing by such authorized representatives of
both LESSOR and LESSEE prior to commencement of such modifications,
provided that such modifications shall not reduce the scope of LESSOR's
Additional Tenant Improvements below the amount and cost of work that is set
forth in Exh ibits uc" and uo . • LESSOR shall not commence such modifications
prior to receipt of such written approval from LESSEE's authorized
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COUNTY OF FRESNO
fNtno, Callromle
L-176 CMC BuHdlng
CenterMaiiCourtlnvastors/DSS561 0
representative, which approval shall not be unreasonably withheld or delayed.
Notwit hstanding the foregoing provisio ns of this Section 29, LESSOR's
and LESSEE's authorized representatives may agree In writing to proposed
modifications that would result In reductions to the scope and cost of work within
the Individual line items of Exhibit "D" so long as there are equivalent Increases
to the scope and cost of work within other individual line items of Exhibit "0" and
the overall amount of LESSOR's modified Add itional Tenant Improvements shall
have an overall cost of at least $484,786.90, provided however, LESSEE's
authorized representative shall have the sole discretion not to approve any such
proposed modifications. The total amount of modifications that may be
authorized under this paragraph shall not exceed fifteen percent (1 5%) of the
overall cost of the Additional Tenant Improvements.
LESSOR shall comply with, and shall ensure compliance by all
contractors and subcontractors with, all applicable laws and reg ul ations,
Including the payment of prevailing wages pursuant to Section 1770 et seq. of
the Labor Code for the completion of all work as described In Exhibits "C" and
"D," including any modifications thereto as may be provided herein.
LESSOR and LESSEE agree that the cost of the Additional Tenant
Improvements, as stated hereinabove, shall be borne by LESSOR, with LESSEE
contributing a share of such cost In the sum of $150,000.00 as provided herein.
LESSEE shall pay to LESSOR LESSEE'S $150,000.00 share of the cost of the
Additional Tenant Improvements as follows: LESSEE shall make monthly
payments to LESSOR, in addition to the monthly Total Base Rent, beginning
upon the first day of the month following completion of the Additiona l Tenant
Improvements. The amount of the monthly payment shall be calculated by
dividing LESSEE's total $150,000 share of the Additional Tenant Improvements
by the number of months remaining In the LEASE term at the time such
payments commence (the .. Amortization Period").
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COUNTY OF FRESNO
fr11no, C1llfornl1
L-176 CMC Building
CenterMaiiCourtlnvestors/DSS5610
Should LESSEE terminate this LEASE pursuant to Section 16, NON-
FUNDING-TERMINATION, prior to comp letion of the Amortization Period to pay
for LESSEE's $150,000 share of the Additional Tenant Improvements described
In this Section 29, then LESSEE shall pay to LESSOR, In one lump sum, an
amount equal to the unamortized principal balance of LESSEE's $150,000.00
share of the Additional Tenant Improvements within forty-five (45) days after the
LEASE termination date."
7. New Section 30, ''TRANSFER OF LEASE," is added to this LEASE:
"Section 30, TRANSFER OF LEASE -Notwithstanding Section 21. 'NON-
ASSIGNMENT' of this LEASE, LESSOR may transfer this LEASE, but only in its
entirety, to any entity or person, provided however, such transfer shall not be
effective unless and until: (a) not later than thirty (30) calendar days after the
transfer, LESSOR provides written notice of the transfer to LESSEE, together
with the transferee's contact information for the transferee's duly authorized
representative for purposes of this LEASE; and {b) LESSOR causes the
transferee to provide to LESSEE the transferee's written assurance to LES SEE,
which written assurance shall be to the satisfaction of COUNTY, that the
transferee acknowledges and agrees, as LESSOR's transferee of this LEASE,
to be bound by this LEASE In its entirety."
This AMENDMENT I Is effective on the date that it Is executed by the Parties.
The Parties agree that this AMENDMENT I is sufficient to amend the LEASE and that,
upon the Parties' execution of this AMENDMENT I, the LEASE and this AMENDMENT
I shall together be considered the LEASE. All provisions set forth In the LEASE and
not amended herein shall remain In full force and effect.
Ill
Ill
Ill
Ill
5
L-176 CMC Building
CanterMaiiCourtlnvestors/DSS5610
1 EXECUTED as of the date first herein specified.
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COUNTY Of FRI!SNO
fAitiiO, C.!llomll
LESSEE:
COUNTY OF FRESNO
ByE~y~rm~
Board of Supervisors
ATTEST: BERNICE E. SEIDEL, CLERK
BOARD OF SUPERVISORS
By ~;itt.;_ (\, t::'~
APPROVED AS TO LEGAL FORM:
OA EL C. CEOERB G, COUNTY COUNSEL
By~~:::;_...L~~~.::::::: ___ _
APPROVED AS TO ACCOUNTING FORM:
VICKI CROW, C.P.A.
AUDITOR-CONTROLLER/TREASURER-
TAX COLLECTOR
BY. {Aj2A. tA .. A-~~
REvu11Vt1Yt
t
By~~~~~~~~~~--
~;g:: =-
Robert W. Bash, Director of Internal
Services/Chief Information Officer
Fund No.
Subclass
Org. No.
Acct. No.
0001
10000
5610
7340 (~31 i '2i",~I'-4-C...c..Z)
Acct ~D. 'l\160 ("i'l3$,e>c()) 1'·L
PropertyJl-176/CMCBidgJ1stAmend/5610
6
1.
2.
Exhibit ·c·
Amendment 1 to Lease Agreement #14-731/L-176
PREMISES IMPROVEMENTS TO BE CONSTRUCTED BY LANDLORD
Elrwt. Second. Third and Foyrth Floo[J
carpet & VInyl Tile Floortna
Supply an_d'lnst~l newcarpetilrea and vinyl tlieaand1l®.f' PfliiP" ne~~d l.n areaa -4elanad on attached
J)lena: Garp~l!lleato lie ~ee•s 1 Lete Night /837 Posh & LGe'sl Sl(eet SeapG/837 Posh •or equal; 4'
rubber baae{o be Roppe/129 Dolphin" or aqll$1, VfnyJ tlle .. to be Mohawk /Hot & Heavy I Boulder /832
Alvlir Rock" or equal. Ffnal JelectiOn• to be mutually approV6d. Metana I used on reoorit 1111 Floor remodel
(See Attached Speclftcatlona)
Drywall Repair
Drywall patching due to walla being removed and general repairs and patching prior to palnUng
tlvoughout. All new texture will match adjacent walls as closely as poaalble.
PalnUng
• · Complete Interior repaint (2 c;oata) on using up to 3 colora Including doors, rramea and walla, In Dunn I
Edwards/ 01 equal. Doors and jambs and res1rooma to be enamel paint and walls to be nat paint Anal
selections lo be mutually approvsd. •Excepl111 Floor areas recenUy painted.
Rttttooms
Removing and Installing new sinks 8/ld fiwcets , and toilet& .in restrooma. Toilets to be ProFio or American
Standard or equal. Slnktendhiueets •~: ~Moen ADAorequat .New LED Wrap or Can lighting In elldl
restroom. and hallways Immediately bulali!e ofeat:li rtstrooin; All restroom floor. to be professionally
cleaned and aaniUzeo .
. Second Floor
Demolition
Remove walls as shown on attached floor plan. Remove all carpet and vinyl/ tile ready ror new noortng In
areas as shown on attached plans. Repair tae bar grid Including where wall are removed. Adjust electlical
due to wan removal
Third and Fourth Floo[J
Breakroom a
New counler tops, paint cabinets. and replace knobs in breakrooms.
I! levator
New vinyl tile flooring (referenced above In item 1#1) new paint (referenced above In Item #3) and laminate
walls. Finelselecllona to be mutually approved.
Additional Information
,.. Temoorarv facii!Uet
Include using lha onalte resltooma as needed dUring construction.
> §uoeMs!on
Onalle working supervisor to enaure a profe881onal and trmely completion or thla prnject.
> Clean-uo. Misc .. etc.
Duling construction we wnl keep th is Job site broom clean and safe and upon compleHon we will
leave this job site clean.
> Eoyioment Rental
Rental of a loor 8Cfaper and aendar aa needed for 1he removal ot the floor coverings.
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Exhibit "!;:"
Amendment 1
.l -176
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COUNTER BETWEEN RMS. 1 lc 2
ELE VATION-PUBUC SIDE RM. 1
1/+ ... 1'-'1'
COUNTER BETWEEN RMS. 1 1c 2
ELEVA nON -WORK SIDE RU. 2 " ......... ~
fV COUNTER BETWEEN RMS. 1 &: 2
~ PLAN AT COUNTER LEVEL ., .. _,._,
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, Exhibit "C"
·Amendment 1
L-176
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Q) AESTFUJM BGNAGE .4HJ SYMD..S
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Ex bit c·
Amendment 1
J...~1 76
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Exh iblt"D"
Additional Tenant Improvements-Project Cost Summary
Firat Floor
Palht In suite 102 $
Fl_oo~I~Jifn 102 . t
Ros,rQOJ'I'\ upc(atlng which Includes lighting, painting,
flxtun>'s and maJor cleaning $
Second Floor
~alnt.complete . $
~loo;rng o.ompt!>tb . $
!!.P.~t~f~jrfurn t!P.'Ifiln $ ~rl'!or.~~tiU ;P,O~~ · ,tltrou_shoutapa c~· $
RepiJoo iilol()oCfo r · iiiia cetll ng tlfes s ~opt•*!'r'~~~r~a~~ . •JB!!i'[ou . · · t Remove W ci)upi&·no""loatruoarliig walla: to meka more
usable apace · '$
Third Floor ..
. . . lnteriot of ~~!\~!~9
Paint all stallwells complete
Paint airlt.tm areiii:ol!lpiiife:' ..
. Update imir~tincy ex~;.ii~ll and lighting
General Supervision
General Clunup during con1tructro n
f ·.
$
$
$
$
$
$
$
$
' f
f $ i J
$
Total of ooats'
Page1
$
$
Rotol .b d
12,083.50
10,985.ob
16,191.50
33,SOO.oo ·
42,08"4.10
8,110.00
4,745.00'
3,471.00
3.27&.oo •
23,7015.60
33;1100•00
:W.064Jo
. M09.00
3;74'to6 ·
2,870,40
2i676'.40
1,397.50
'2,788;50,
4,134:oo ·
6,994.00 ···-····-.
33.eoo:oo •
26,028.«J ..
8J92.5o
16,985.00
16,985.00
484,788.90
J
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